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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Al-Azzawi v Secretary of State for the Home Department [2008] EWCA Civ 1139 (29 September 2008) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2008/1139.html Cite as: [2008] EWCA Civ 1139 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION, ADMINISTRATIVE COURT
(MR JUSTICE SAUNDERS)
Strand, London, WC2A 2LL |
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B e f o r e :
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AL-AZZAWI |
Appellant |
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- and - |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Respondent |
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THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
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Crown Copyright ©
Lord Justice Buxton:
"Although the first refusal falls within the criteria dates, regrettably at the time of the initial decision the Secretary of State disputed he is from Iraq and this date cannot be considered."
That is repeated, although without the expression of regret, in respect of the matter with which I am concerned, that is to say the refusal of exceptional leave to remain. I found those statements difficult to understand, and in particular the last phrase "this date cannot be considered" but what the Secretary of State appears to be saying is that because of the error that he, the Secretary of State, made, the case does not fall within the jurisdictional criteria.
Order: Application granted